Issue 57 - 5 May 2009

With the recent news about swine flu and the possibility of a pandemic, there are some things people should be aware of to protect themselves from all kinds of flu. 

CCI protects its staff through making flu vaccinations available but there are some things we can all do to reduce the risk of contracting and spreading any flu virus.

These are recommendations from the US Centre for Disease Control. They are practical tips to keep you healthy.

• Keep your distance from and avoid close contact with people who are sick. 
• If you are sick, stay at home and keep your distance from other people to prevent spreading the flu virus. 
• Cover your mouth and nose with a tissue and turn your head away from other people when you cough or sneeze. 
• Wash your hands often to protect yourself from germs. 
• Avoid touching your nose, eyes and mouth. 
• To keep your immune system healthy, get enough sleep, eat plenty of fresh fruit and vegetables, exercise regularly, drink at least eight glasses of water a day and keep stress levels to the minimum. 
• The use of antiviral drugs can also help to protect you against contracting the flu virus.

And, while people are concerned about swine flu, you can continue to eat pork - the current swine flu is affecting people. It is so-named because one of its surface proteins is most similar to viruses that usually infect pigs. This particular strain of flu virus has not been seen in pigs before.

The Commonwealth Bank has opened a business banking centre in Balcatta to provide customers with access to a range of business banking specialists. 

Member for Stirling and Shadow Minister for Employment and Workplace Relations Michael Keenan opened the centre last week.

“Private enterprise is the backbone of our economy and the most important driver of employment. It is critical we do everything we can to support businesses so they can create new employment and keep Australians in jobs,” Mr Keenan said.

According to Stirling City Council, Balcatta accounts for 10% of small businesses in Western Australia, with the largest contributions made by distribution and retail industries.

Commonwealth Bank WA corporate financial services general manager Greg Caust believed locating a dedicated business banking centre in close proximity to businesses would provide greater value to the high concentration of customers in the area.

“The northern suburbs region is an established business community of small, medium and large companies that employs thousands of people and is a key growth area for our business customers,” Mr Caust said.

“We want to get closer to our business customers in the Balcatta region so that we can better understand their financial needs and provide value add solutions to support their future goals.

The Commonwealth Bank Balcatta Business Centre is located at Unit 4, Level 1, 110 Erindale Road, Balcatta. They can be contacted on (08) 9240 1000.

Most of Australia’s Industry Skills Councils (ISCs) have released their 2009 environmental scans, with all scans expected to be made available in the next few weeks.

The environmental scans, which are now required under the Training Package Development and Endorsement Process 2008, provide industry intelligence to the National Quality Council and up-to-date industry information for Skills Australia to assist in its analysis of Australia’s workforce development needs.

The scans also provide the context and driving force behind the continuous improvement of training packages.

The following ISCs have released their 2009 environmental scans:

• Agri-food Skills Australia  
• EE–Oz Training Standards 
• ForestWorks 
• Government Skills Australia 
• Innovation and Business Skills Australia 
• Service Skills Australia 
• SkillsDMC 
• Transport and Logistics

Further to last week’s Business Bytes article on agreement making, the Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009 (the Transitional Bill) contains the necessary provisions to move from the current to the new industrial relations system under the Fair Work Act 2009 (The FW Act).

The FW Act in its entirety, including the new safety net of ten National Employment Standards (NES) and modern awards, will be fully operational by 1 January 2010. However, the majority of the provisions contained in the FW Act, including the new bargaining rules, will commence on 1 July 2009.

This staggered approach means that agreements made between 1 July 2009 and 31 December 2009 will be negotiated under the new bargaining rules contained in the FW Act but will be “tested” against a different minima to those agreements made after 1 January 2010. This period between 1 July 2009 and 31 December 2009 will be referred to as the “bridging period”.

This article deals solely with agreements made during the bridging period. Next week’s issue of Business Bytes will provide more detailed information on agreements made after 1 January 2010.

It will still be possible, during the bridging period, to make individual transitional employment agreements (ITEAs) with individual employees as per the current provisions of the Workplace Relations Act 1996 (WR Act). The relevant provisions of the WR Act have been saved until 31 December 2009. However, because ITEAs have a nominal expiry date of 31 December 2009, there is limited opportunity for new ITEAs to apply. From 1 January 2010 there is no provision for individual agreements.

With the NES and modern awards not becoming operative until 1 January 2010, collective agreements made during the bridging period will not be subject to the new “better off overall test”. Instead the current no disadvantage test will continue to apply.

As currently occurs, agreements made during the bridging period will be tested against existing awards and notional agreements preserving state awards (NAPSAs), not the relevant modern award.

Likewise, during the bridging period, the minimum standard for all employees will continue to be the Australian Fair Pay and Conditions Standard (the AFPC Standard).

The AFPC Standard provides for minimum wages, hours of work, annual leave, personal leave and parental leave. Other minimum entitlements such as public holidays, rest breaks and notice of termination will also remain in operation. 

As such, a term of any agreement will be of no effect, during the bridging period, to the extent that it provides a less favourable outcome for an employee compared to the AFPC Standard.

While agreements made during the bridging period will continue to be tested under the current system, agreements will be negotiated under the provisions of the FW Act 2009.

When bargaining for an agreement during the bridging period, employers will need to follow the rules relating to:

• notification provisions;
• the relevant union being a default bargaining representative;
• the ability for Fair Work Australia to make orders forcing employers to commence bargaining;
• the requirement to bargain over matters that relate not only to the relationship between the employer and the employee, but also the relationship between the employer and the union;
• the requirement to bargain in good faith, and; 
• the ability for Fair Work Australia to arbitrate if it deems that a party has seriously breached good faith bargaining.

From 1 July 2009, bargaining for agreements must be conducted by all parties in “good faith”.  The FW Act requires that good faith bargaining include:

• attending and participating in meetings;
• disclosing relevant information; 
• responding to proposals;
• refraining from capricious or unfair conduct, and;
• recognising and bargaining with other bargaining representatives for the agreement.

However, good faith bargaining does not require employers to make concessions or reach agreement. 

All agreements in operation as at 1 January 2010 must comply with the new National Employment Standards (NES) and the relevant modern award base rate of pay. This includes agreements made during the bridging period.

The Transitional Bill introduces a no-detriment rule so that no term of an existing agreement will have effect if it is detrimental to an employee in any respect when compared to an entitlement of that employee under the NES.

Further information on the Transitional Bill and the Fair Work Act 2009 is available at http://www.cciwa.com//Current_Issues_1.aspx.

CCI will be running briefings on 6 and 8 May 2009. The briefings will include information on the Fair Work Act 2009, the Transitional Bill and importantly how your agreements and current arrangements will be affected by the changes. To secure your place at one of these vital briefings contact CCI Training and Events on (08) 9365 7500 or register on www.cciwa.com/

Minister for Education Julia Gillard is encouraging organisations to apply for funding to help increase the uptake of Asian languages in schools under round one of the new Strategic Collaboration and Partnership Fund.

The fund is a key element of the Government’s $62.4 million National Asian Languages and Studies in Schools Program (NALSSP) which commenced on 1 January 2009.

This initiative aims to increase the study of Asian languages and studies in schools and ensure young people have the skills to engage with Asian neighbours, particularly China (Mandarin), Indonesia, Japan and Korea.

All Australian governments have committed to the NALSSP and an aspirational target that at least 12% of students exit year 12 with a fluency in one of the target Asian languages sufficient for engaging in trade and commerce in Asia and/or university study, by 2020.

Through the Strategic Collaboration and Partnership Fund, the Australian Government will make $9.36 million available over three years, delivered through annual competitive funding rounds. 

The fund provides organisations including universities, higher education providers, businesses and Asian communities with the opportunity to undertake high quality, strategic projects that seek to encourage the teaching and learning of Asian languages and cultures in Australian schools.

Key priority areas for round one favour projects that:

• involve strategic partnerships and delivery coalitions between organisations in the teaching and learning of the four Asian languages and studies of Asia; 
• identify strategies to increase language teacher supply and support, including recruitment and pre-service training of teachers; 
• stimulate student demand and create incentives for students to study one of the four identified Asian languages, particularly at the senior secondary level, and; 
• use technological infrastructure or applications in the teaching and learning of the four Asian languages and studies of Asia.  

Applications for expressions of interest close at 5.00pm Australian Eastern Standard Time on 17 April 2009.

Further information on NALSSP and the Strategic Collaboration and Partnership Fund, including the NALSSP Program Guidelines and the expression of interest application form, is available at www.deewr.gov.au/schooling/NALSSP.

Minister for Education Julia Gillard has welcomed International Student Data released last week which showed the sector remained strong despite the global economic downturn.

The International Student Data for the month of January 2009 released by Australian Education International (AEI) revealed that the number of full-fee international students grew by 21.4%.

This followed a record increase of 20.7% in the number of enrolments by international students in Australian institutions in 2008.

These figures are certainly encouraging for the sector in difficult economic times and show its strength.

The Minister recently announced that international education activities would be reprioritised to raise Australia’s international education reputation in an increasingly competitive marketplace.

The campaign ‘Study in Australia 2010’ will see $3.5 million be redirected to specific measures in existing major source countries such as China, India, South Korea, Indonesia, Malaysia and Thailand over the next nine months.

The measures would be customised to specific countries in consultation with industry and the Department’s extensive international network.

The measures encompass four themes:

Student Experience

• Developing materials and best practice guidelines around student welfare and support.

Showcasing Excellence

• Engaging eminent Australian educators of international reputation to speak at major international events.

Positioning Australia

• Promote and communicate Australia's international education reputation in key markets.

Sector Support (to Australian international education providers)

• Improving communication of key strategic advice and analysis on market trends and opportunities.
• Supporting education agents in training and development to align agents more to Australia and ensure that students are given the best possible counselling on their education choices.

Do you need assistance and advice on overcoming skills shortages? CCI’s Education and Training Adviser is available and ready to meet your needs.

The Education and Training Adviser (ETA) Program is funded by the Department of Education, Employment and Workplace Relations (DEEWR) under the Industry Training Strategies Program. 

Advisers work through peak industry associations like CCI to increase members’ understanding of vocational, education and training issues, particularly the National Training Framework, Australian Apprenticeships and training packages, with the ultimate goal of improving employer take-up of Australian Apprenticeships.

Advisers provide a translation service, making use of their knowledge of industry and the different elements of the training system to help employers understand the issues and achieve their training goals. The advisers also assist in providing industry advice to government on vocational, education and training issues affecting their membership.

The key benefits for members include:

Information and advice to employers

• The Australian Apprenticeship system, including the role of organisations such as Australian Apprenticeship Centres, Group Training Organisations and Registered Training Organisations.
• State and federal government programs, and the funding, incentives and subsidies available for training.
• Training packages.

Tailored solutions to address current and future skills needs in the workforce

• Recruitment and retention options.
• Flexible learning and assessment.
• Up skilling and RPL options.

Support and advocacy to employers

• Engaging in member consultations to address education and training issues of concern.
• Communicating feedback to government and/or other relevant stakeholders.

For more information on Education and Training issues, or to speak to the Education and Training Adviser, contact CCI's Laura Price on (08) 9365 7657 or email laura.price@cciwa.com.

Education Minister Liz Constable has announced an expert review of the curriculum, assessment and reporting policies and procedures in Western Australian schools.

Dr Constable told State Parliament that the review would be headed by University of WA academic Professor David Andrich.

"Professor Andrich will consider evaluation reports produced in the last decade and examine assessment documents," she said.

“He will consult with a range of school administrators and teachers, particularly those with leadership in curriculum, assessment and reporting.

“The review will also consider the impact on WA schools of the new national curriculum being developed for English, mathematics, the sciences and history, with geography and languages to follow.”

The terms of reference for the review are:

• to review the Curriculum Framework for curriculum, assessment and reporting purposes in WA schools, with particular reference to Kindergarten to Year 10;
• to advise on the relationship between the Curriculum Framework and proposed national curriculum, and;
• to consider the impact of any proposed changes on teachers and schools in WA.

The Minister said Victorian Curriculum and Assessment Authority chief executive and member of the national curriculum board John Firth would act as an external reference for the review.

CCI and the Perth Theatre Trust invite you to enjoy an evening of world-class music, ballet and theatre at the Inaugural Commerce Meets Culture Gala Dinner.

Corporate table registration

Individual registration

CCI invites you to join the Premier Colin Barnett and Treasurer Troy Buswell at this business leaders’ State Budget Breakfast where they will outline the details of the 2009-2010 State Budget and discuss its impact on Western Australian business.

Individual registration 

Hospital aggression management systems are the focus of the latest WorkSafe inspection campaign.

By June, nearly 30 hospitals will have had their aggression management systems examined by WorkSafe WA inspectors. Some of the areas to be examined will include work place design, aggression management policies and training programs.

In 2006/07 there were 80 aggression related injuries in hospital. Over 20 of these were serious enough that the employee required more than 60 days off work.

The aim of the campaign is to identify the risks associated with aggression and assist employers to find control measures to reduce the risk.

If aggression is a hazard that your employees are exposed to, the Code of Practice on Violence, Aggression and Bullying at Work may assist you. A copy of this can be found on the CCI website.

Southern Gateway Alliance, the contractor for the new Perth Bunbury Highway, has been awarded a Platinum Certificate of Achievement for occupational health and safety.

Transport Minister Simon O’Brien, who attended the presentation of the certificate by WorkSafe at the Baldivis project site, commended the alliance and its members on their achievement.

“Southern Gateway Alliance can be very proud of its exemplary standards in the field of occupational health and safety, and I congratulate them on setting a standard for other construction industry members to follow,” Mr O’Brien said.

“The Platinum Certificate illustrates management’s commitment to the safety, health and welfare of all its employees.

“To date, the new Perth Bunbury Highway project team has worked more than three million man-hours without a Lost Time Injury.

“These are the safety standards and best practices the Government looks to encourage, and I am pleased to see that such continuous improvement is being made in the construction and transport industry.”

The Minister said he was pleased to note the remarkable progress being made on site.

Construction industry employers in the Peel area have an opportunity to make further improvements in work place safety.

Work place safety at construction sites in the Peel area is mostly positive however there is an opportunity for improvement according to WorkSafe inspectors.

The areas of concern relate to electrical safety and preventing falls from heights.

Employers can obtain information in relation to fall prevention strategies by reviewing the Code of Practice - Prevention of Falls at Workplaces, available on CCI’s website. If you would like to discuss your obligations, please call CCI OSH advisers on (08) 9365 7415.

The Federal Magistrates Court (the Court) recently ruled that the termination of a childcare director was not unlawful in accordance with section 659 of the Workplace Relations Act 1996.

The applicant claimed her termination was a direct result of her temporary absence from work. In its findings the Court determined that the employer’s request for a medical certificate was reasonable given the circumstances, and once requested the employee had an obligation to make reasonable efforts to provide a medical certificate.

The employer, Grasshoppers Early Learning Centre (Grasshoppers), submitted that the reason for termination was based on the employee’s misrepresentation of her qualifications, and thus a significant breach of the employment contract had occurred.

The Court was satisfied with the evidence provided by Grasshoppers and upheld that the grounds for termination were not unlawful.

[Badman v Grasshoppers Early Learning Centres Pty Ltd [2009]FMCA]

The State’s peak business organisation, the Chamber of Commerce and Industry of Western Australia, has welcomed the Environmental Protection Authority’s decision to conditionally approve the expansion of the proposed Gorgon LNG project in the State’s North West.

CCI believed the EPA’s ruling once again demonstrated that industry, which was vital to the economic development and prosperity of the State and nation, could co-exist with the natural environment.

CCI chief executive James Pearson was pleased the EPA acknowledged the decision of the previous State Government in 2007 to approve construction of a two train LNG processing plant on Barrow Island.

"Today’s EPA ruling sends an important signal to current, and potential, investors that Western Australia is open for business, and that the State welcomes projects that will stimulate economic activity, generate wealth for the State and the nation, and create thousands of jobs," he said.

"CCI recognises that Western Australia’s planning and approvals systems are important in helping to ensure the best interests of the State are considered in the development of projects."

CCI has long advocated the need to streamline the State’s unwieldy planning and approvals processes to promote Western Australia as a preferred destination to do business.

"Even in these challenging economic times, Western Australia remains a driver of economic growth and prosperity for the nation, largely fuelled by the resources sector," Mr Pearson said.

Figures released by the Department of Immigration and Citizenship (DIAC) show that application rates for Subclass 457 Business (Long Stay) Visas have been trending downward since September 2008.

The number of primary applications received by DIAC in March 2009 was 33% lower than in September 2008 and 2% lower than in February 2009.

According to DIAC, the decline in demand for Subclass 457 visas is reflective of changes in the global and local economic environment.

The decline was noted to be more prounouced in relation to 457 primary visa applications whereby applicants were outside Australia.

Primary applications received by DIAC in March 2009 for offshore applicants were 48% lower than in September 2008 and 8% lower than in February 2009.  

Trends in 457 visa grants have also mirrored  the decline in visa lodgements with primary Subclass 457 visa grants some 53% lower than those in September 2008 and 35% lower than in February 2009.

It is understood that the decline in visa grants may also be influenced by DIAC's policy update relating to the Benefit to Australia and salary level requirements.

For immigration assistance and representation, contact CCI Migration Services (MARN 0318589) on (08) 9365 7521 or email visas@cciwa.com.

Figures released by the Department of Immigration and Citizenship (DIAC) show that there has been an increase in the number of grants of Australian permanent residence to 457 visa holders.

According to DIAC, the number of permanent visa grants in March 2009 to primary applicants where an individual last held a Subclass 457 visa was 10% greater than in February 2009 and some 89% higher than in March 2008.

It should be highlighted that the number of permanent visa grants includes pathways through both economic migration and family migration although the large majority of visa grants have been under economic migration which includes employer sponsored migration.

Options for employer sponsored migration, notably the Employer Nomination Scheme (or the Regional Sponsored Migration Scheme (for regional appointments)) may be considered should an employer wish to nominate an overseas employee for permanent residency in Australia.

Employer sponsored permanent migration continues to represent superior labour market outcomes compared to general skilled migration in terms of matching of skill sets with specific skill requirements of Australian employers.

Employer sponsored migrants have actual employment outcomes with their nominating employer which are already matched to their nominated skilled occupation upon the grant of Australian permanent residency.

For further information on Employer Sponsored Migration, please complete and return the attached form or contact CCI Migration Services (MARN 0318589) on (08) 9365 7521 or email migration@cciwa.com.

This three-day course provides practical training in negotiating export contracts, export documentation, finance and payments, marine and credit insurance and logistics.

Dates:   Monday 18 - Wednesday 20 May 2009

Tim George is to be Australia's new High Commissioner to Pakistan, and is expected to take up his appointment in June 2009.

Australia and Pakistan are both member nations of the ASEAN Regional Forum (ARF) and enjoy a friendly, constructive relationship, underpinned by agricultural and trade ties.

Australian export credit agency EFIC has become a member of Transparency International Australia, which is a global not-for-profit, non-government organisation leading the fight against corruption.

Being a global network, Transparency international Australia have a presence in around 80 countries. EFIC joins some of Australia’s largest companies, including BHP Billiton, Westpac and ANZ who work to raise exporters’ awareness about the risk of corruption in the overseas countries that Australia trades with.

Releasing their latest annual Global Readiness index (GRi™), EFIC showed that Australian companies remained optimistic about their offshore operations despite the global downturn.

The GRi survey, conducted in February, surveyed 726 Australian companies about key aspects of their experience of going global, including the drivers, destinations and obstacles, and sources and availability of funds.

Australian businesses are looking for new markets to compensate for contraction in their existing markets and position themselves for when growth resumes.

Although the credit crunch has raised the barriers for Australian companies on the path to globalisation, ongoing international trade is critical to stimulating the world economy. The GRi™ results challenge both EFIC and banks to work together to find innovative solutions to ensure that ‘bankable’ offshore investment plans by Australian companies obtain the financing they require.

For more information on EFIC visit www.efic.gov.au.

The Australian Chamber of Commerce and Industry (ACCI) is conducting a survey to better understand the factors that encourage the re-engagement and retention of disengaged apprentices.

The survey forms one part of a project ACCI is conducting in 2009, with assistance from the research and consulting firm John Mitchell & Associates.

This survey will inform ACCI about current practices concerning the re-engagement and retention of disengaged apprentices.

All employers of apprentices and those considering hiring an apprentice are encouraged to complete the survey.

While the level of planned hiring across Australia has fallen over the past year according to an employment outlook report, many employers are continuing to retain staff.

The Kelly Services Employment Outlook and Salary Guide revealed the recruitment intentions of almost 400 employers and provided salary ranges for selected jobs in key industries across all states. 

According to the report, the number of businesses planning to recruit more staff has fallen from 60% to 30% over the past year. The number of businesses planning to decrease staff has increased from 5% to 18%. Businesses planning to retain current staff levels have increased from 35% to 51%. 

Kelly Services managing director James Bowmer said the report showed that despite the difficult economic conditions, many employers were trying to retain their employees in preparation for an economic recovery.

“Before the global financial crisis, employers were desperate to find skilled employees to fill the shortages," he said.